SATYAPADA HALDER Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this Writ application under Article 226 of the Constitution of India the Writ Petitioner Satya Pada Halder (hereinafter referred to as petitioner) has prayed the Court for issue of a Writ of and/ or in the nature of Mandamus commanding the respondents to cancel, rescind, withdraw and/or set aside the purporported order of withdrawal of confirmation as communicated vide communication dated 15th December, 1983, being Annexure 'B' herein, and further directing the respondents to treat the petitioner as confirmed with effect from 1-6-83 in the West Bengal Civil Service (Judicial) forthwith; to take immediate steps for release of his annual increments which are lying withheld since 1-6-83 and thereby to fix his basic pay as Rs.980/- as on 1-6-89 at the existing scale of pay along with other consequential benefits and thereafter go on allowing him to enjoy the annual increments as usual relating to his service as a member of West Bengal Civil Service (Judicial) without any further delay; and directing the respondents not to take any step or further step relating to the departmental proceedings over the alleged incident of 1975 and thereby to affect the present service of the petitioner as a member of West Bengal Civil Service (Judicial), along with the other reliefs prayed for, for the reasons stated and on the grounds made out therein.

(2.) The facts and circumstances giving rise to the instant wit application may shortly be stated as follows: The petitioner had joined the Calcutta Customs as a Lower Division Clerk in 1961. Having been selected by the Central Recruitment Board on, his application through proper channel, an the basis of the result of written examination and interview, he was appointed as Sub-Inspector of Police in Unarmed Branch In 1966. He had undergone the requisite training and had completed the period of his probation and was declared confirmed in the said post. After passing the LLB. Examination in 1978 he had appeared at the W.B.C.S. (Judicial Examination) with prior permission of his appointing authority, and on the basis of the result of the competitive examination held by the Public Service Commission, West Bengal, he was selected and appointed and as a Munsif by the Governor of West Bengal. He had joined as Munsif on 1st June, 1981. On successful completion of the period of his probation and on his passing the departmental examination he was confirmed as Munsif with effect from 1st June, 1983 by an order of the High Court dated 16th November, 1983. By another Memo. dated 15th December, 1983 issued by the High Court the order of his confirmation was withdrawn. He has not been declared confirmed as yet and has neither been allowed to draw yearly increments from 1983. It is contended that no reason whatsoever was recorded for withdrawing the order of his confirmation. It is stated that according to the letter of Appointment issued by the Governor of West Bengal his confirmation depends on the passing of the departmental examination and on his general fitness.

(3.) The Registrar, High Court, Appellate Side, Calcutta, the Respondent No.2 herein by a Memorandum No. 1784-R dated 21-2-1989 had intimated the petitioner, inter alia that the High Court proposes to hold an enquiry against him (Petitioner) relating to the alleged incident, of 1975 while he was working as Sub-Inspector of Police. Upon receipt of the said Memorandum, he had prayed for copies of certain documents essential for the purpose of preparing his defence. Though the Chargesheet on the basis of the allegations made therein had been Issued in February, 1989 no enquiry has been held as yet and no date of enquiry has either been fixed therefore, without any laches on his part. Even though the relevant Chargesheet was issued in February, 1989, the yearly increments earned by him (Petitioner) by rendering satisfactory service for a year had been withheld from 1983 since he has been confirmed as stated above. Hence the instant writ application.